Medical negligence lawyers

Medical negligence claims:
Your rights, our fight

When medical treatment goes wrong, the impact on your life can be devastating. At GMP Law, we understand that seeking legal help after experiencing medical negligence can feel overwhelming. Our experienced medical negligence lawyers are here to guide you through the process with compassion and expertise.

We’re here to ensure you receive the financial support you’re entitled to, allowing you to focus on what matters most – your health and recovery.

Our medical malpractice lawyers have managed thousands of complex medical negligence cases on a no win, no fee basis. If you would like to discuss your claim and understand your right to compensation, call us for an obligation-free consultation with one of our experienced lawyers.

Why Choose Gerard Malouf & Partners

Years Experience

98 %

Success Rate

$ 4 bn

In Claims Won

Understanding medical negligence claims

Medical negligence or malpractice can occur in any setting where you are under treatment from a healthcare professional—commonly a doctor, surgeon, or nurse—who fails in their duty of care.

If you have suffered an injury or the worsening of an existing condition as a result of medical negligence, you may be entitled to compensation. Some common situations of professional negligence by a health professional include:

Misdiagnosis or delayed diagnosis:

When a healthcare provider fails to correctly diagnose a medical condition or takes an unreasonably long time to make an accurate diagnosis which results in worse or terminal health outcomes.

Surgical errors:

Where a surgeon makes a mistake during surgery which causes serious ongoing health complications. This can include damage caused to organs, leaving surgical instruments inside the patient, or performing unnecessary surgery.

Birth injuries:

Injuries to infants or mothers during childbirth due to medical negligence, such as mishandling of forceps, failure to perform a timely C-section, or not addressing complications during delivery.

Anaesthesia errors:

Administering incorrect amounts of anaesthesia or neglecting to monitor a patient’s vital signs during a procedure can lead to severe complications or even fatalities.

Medication errors:

These may include prescribing the incorrect medication, wrong dosage, or overlooking a patient’s allergies or drug interactions, resulting in significant adverse reactions or harm to the patient.

Negligence in nursing homes:

In long-term care facilities, medical negligence can occur when staff members fail to provide adequate care, leading to physical, emotional, or psychological harm to residents – known as elder abuse.

We're here to help.

Our medical negligence services

Explore our areas of expertise

Eligibility for medical negligence compensation

To make a successful medical negligence claim, we must be able to demonstrate:

You received medical treatment from a healthcare provider and they failed in their duty of care to provide you with reasonable care
You have suffered a physical or psychological injury, harm, or loss as a result.

Compensation can be claimed for:

Cost of treating the immediate physical or psychological injury
Ongoing medical expenses, such as domestic care to recuperate from long-term injuries
Non-economic (pain and loss) damages for psychological or emotional distress
Loss of earnings or superannuation if the incident leaves you unable to work.

It’s important to note that close family members may also be eligible to claim compensation if they have been affected by the negligent treatment of a loved one, including costs for caring or compensation for nervous shock.

Even if you’re uncertain about claiming, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.

Factors affecting compensation

Many factors influence the personal injury compensation you may receive:

Severity of injury: The extent and permanence of physical or psychological damage
Financial impact: Lost income, medical expenses, and future care needs
Causation: Clear link between the negligent treatment and your injuries
Insurance coverage: The relevant medical indemnity policy limits.

Most compensation claims are paid through the healthcare provider’s insurance rather than directly by the medical professional. Since 2002, the Australian government has subsidised medical indemnity insurance premiums to ensure continued medical services in high-risk specialties (via the Medical Indemnity Act 2002).

At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.

Learn more: Navigating the Complexities of Medical Negligence Cases

No Win No Fee

Fee transparency that you can trust

At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.

How it works

No upfront costs

No contingency fee

We’ll only charge you if we win.

We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.

This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.

With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.

Frequently asked questions about medical negligence claims

How long do I have to make a medical negligence claim?

Generally, you have three years from the date you first became aware of your injury to commence legal proceedings. However, exceptions may apply, so it’s important to seek legal advice as soon as possible.

Learn more: How long after the fact can I make a medical negligence claim?

What evidence do I need for my claim?

Key evidence includes:

Your complete medical history
Medical reports
Expert opinions
Witness statements
Documentation of financial losses.

How long does a medical negligence claim take?

Each case is unique, but medical negligence claims typically take 12-24 months to resolve. Complex cases may take longer, especially if they proceed to court rather than settling through mediation.

Justice for victims of medical negligence

At GMP Law, we’ve successfully represented clients from various walks of life, processing claims for all types of injuries sustained as a result of medical negligence.

$160,000 settlement for hospital negligence

Background

Our client sought treatment at her local hospital for severe abdominal pain and nausea. During admission, an incorrectly inserted intravenous cannula caused serious complications.

The challenge

The incident resulted in cephalic vein damage and median nerve damage, causing ongoing pain, swelling, and numbness to her arm, including loss of dexterity in her hand.

GMP Law’s approach

Gathered extensive medical evidence
Argued hospital negligence for failing to address patient complaints
Obtained expert medical opinions
Commenced legal proceedings against the local health district
Negotiated through mediation.

Successfully secured a $160,000 settlement for our client.

$1.25 million combined settlement for surgical negligence

Background

Our client underwent a total thyroidectomy that resulted in bilateral vocal chord palsy and loss of function in her laryngeal nerves.

The challenge

The surgery left our client mute, causing severe physical and psychological trauma. Her husband also suffered psychological injury from witnessing the devastating impact on their lives.

GMP Law’s approach

Built a comprehensive case around failure to warn of surgical risks
Gathered expert medical and psychiatric evidence Pursued both medical negligence and nervous shock claims
Demonstrated breach of expected standard of care
Negotiated effectively through mediation.

Secured a $1.2 million settlement for our client and $50,000 for her husband’s nervous shock claim.

Real cases, real results

The compensation claim process: Your journey with GMP Law

We understand that the legal process can feel overwhelming, especially when you’re dealing with pain and recovery. At GMP Law, we’re here to guide you every step of the way:

Initial consultation

We’ll listen to your story, assess your case, explain your rights, and discuss potential compensation – all at no cost to you.

Evidence gathering

Our team will meticulously collect medical records, witness statements, and expert opinions to build a strong case.

Claim submission

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Negotiation

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Court representation

If necessary, we’ll represent you in court, fighting tirelessly to ensure you receive the compensation you deserve.

Ongoing support

We’re here to address any questions or concerns that arise along the way.

Our promise to you

Why trust GMP Law with medical negligence claim?

At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.

We commit to

Clear, straightforward communication

Regular updates on your case as it progresses

A personal injury lawyer who understands your unique situation

Vigorous negotiation to maximise your compensation

Empathetic support throughout your journey

Specialised knowledge

Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.

Proven track record

We’ve successfully secured substantial compensation for numerous clients with a high success rate.

Difficult case policy

Our experienced team of senior lawyers and management closely oversees challenging cases to ensure optimal outcomes for our clients seeking accident injury compensation.